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OPONT v. DUCLAIR REALTY CORP.

190 A.D.2d 781 (1993)

Julien Opont, Appellant, v. Duclair Realty Corporation et al., Defendants, and Heat Timer Corp., Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 16, 1993

Ordered that the order is affirmed, with costs.

The plaintiff allegedly sustained injuries on November 5, 1986, when a boiler in the basement of a building exploded. On November 3, 1989, the plaintiff served a summons and complaint upon the County Clerk in order to toll the Statute of Limitations for 60 days pursuant to CPLR former 203 (b) (5) (i). The only defendants named in the caption were Duclair Realty Corporation, which allegedly owned the building, and "`XYZ...

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